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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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4 years ago

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla begins Holiday Update rollout with some surprise features

On Monday, just a few days after Tesla first announced the Holiday Update, people started reporting that it was being deployed to owners.

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4 hours ago

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December 9, 2025

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Credit: Grok

Tesla has started the rollout of the 2025 Holiday Update, as several owners reported it had arrived in their cars via a software update.

Tesla’s Holiday Update is rolling out as Software Version 2025.44.25.1, and includes several new features. We did an extensive breakdown of what was included in another article, but we’ll list the new additions below:

  • Grok with Navigation Commands (Beta) – Grok will now add and edit destinations.
  • Tesla Photobooth – Take pictures inside your car using the cabin-facing camera
  • Dog Mode Live Activity – Check on your four-legged friend on your phone through periodic snapshots taken of the cabin
  • Dashcam Viewer Update – Includes new metrics, like steering wheel angle, speed, and more
  • Santa Mode – New graphics, trees, and a lock chime
  • Light Show Update – Addition of Jingle Rush light show
  • Custom Wraps and License Plates – Colorizer now allows you to customize your vehicle even further, with custom patterns, license plates, and tint
  • Navigation Improvements – Easier layout and setup
  • Supercharger Site Map – Starting at 18 pilot locations, a 3D view of the Supercharger you’re visiting will be available
  • Automatic Carpool Lane Routing – Navigation will utilize carpool lanes if enabled
  • Phone Left Behind Chime – Your car will now tell you if you left a phone inside
  • Charge Limit Per Location – Set a charge limit for each location
  • ISS Docking Simulator –  New game
  • Additional Improvements – Turn off wireless charging pad, Spotify improvements, Rainbow Rave Cave, Lock Sound TRON addition

On Monday, just a few days after Tesla first announced the Holiday Update, people started reporting that it was being deployed to owners.

It seems the release is a bit of an apology to a particular group, as it has only made its way to Hardware 3 vehicles, particularly the ones using the AMD Ryzen chip.

Tesla has excluded FSD-purchased and subscribed vehicles that are utilizing Hardware 3, so it seems there is a strategy to this limited rollout.

Two Surprise Additions

Tesla has added two additional features with the Holiday Update, which include a new Storage Space for Dashcam feature that shows how much space you have used and remaining on your USB drive.

Additionally, Tesla gamified Supercharging with a new “Charging Passport” feature, which we reported on earlier today.

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Tesla announces major milestone at Gigafactory Shanghai

First deliveries started in December 2019, with the first units being given to employees. By the end of 2020, the plant was building cars at a run rate of around 150,000 vehicles annually.

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7 hours ago

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December 8, 2025

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Credit: Tesla

Tesla has announced a major milestone at its Chinese manufacturing facility, Gigafactory Shanghai, confirming on Monday that it had built its four millionth vehicle.

Tesla Gigafactory Shanghai first started building cars back in October 2019 with Model 3 assembly, just ten months after the company broke ground on the plant’s 86-hectare piece of land.

First deliveries started in December 2019, with the first units being given to employees. By the end of 2020, the plant was building cars at a run rate of around 150,000 vehicles annually. Production continued to ramp up, and by September 2023, less than three years after it started building Tesla’s EVs, it had built its two millionth vehicle.

Fast forward to December 2025, and Tesla has confirmed that four million cars have rolled off of production lines at the plant, a major milestone in the six short years it has been active:

The capacity at Giga Shanghai is exceeding 950,000 vehicles per year, and this year, the company has delivered 675,000 cars through the first three quarters. It is also the only plant to manufacture the Model Y L, a longer wheel-based configuration of the all-electric crossover that is exclusive to the Chinese market.

Gigafactory Shanghai’s four million cars have not all stayed within the domestic market, either. For a considerable period, the factory was exporting a significant portion of its monthly production to Europe, helping Gigafactory Berlin supplement some Model Y volume and all of its Model 3 deliveries. This is due to the Berlin plant’s exclusive production plans for the Model 3.

The site is one of the most crucial in the company’s global plans, and Gigafactory Shanghai’s incredible pace, which has led to four million production units in just about six years. It’s fair to say that it won’t be long until we’re seeing Tesla celebrate the plant’s five millionth vehicle produced, which should happen sometime late next year or in early 2027, based on its current manufacturing pace.

The company also builds the Megapack on the property in an adjacent Megafactory.

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Tesla gamifies Supercharging with new ‘Charging Passport’

It will also include things like badges for special charging spots, among other metrics that will show all of the different places people have traveled to plug in for range.

Published

18 hours ago

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December 8, 2025

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Credit: MarcoRP | X

Tesla is gamifying its Supercharging experience by offering a new “Charging Passport,” hoping to add a new layer to the ownership experience.

While it is not part of the Holiday Update, it is rolling out around the same time and offers a handful of cool new features.

Tesla’s Charging Passport will be available within the smartphone app and will give a yearly summary of your charging experience, helping encapsulate your travel for that year.

It will also include things like badges for special charging spots, among other metrics that will show all of the different places people have traveled to plug in for range.

Tesla will include the following metrics within the new Charging Passport option within the Tesla app:

  • Charging badges: Iconic charging badges for visiting places like the Tesla Diner, Oasis Supercharger, etc., Explorer Badge, and more
  • Total Unique Superchargers Visited
  • Total Charging Sessions
  • Total Miles Added during Charging Sessions
  • Top Charging Day
  • Longest Trip
  • Favorite Charging Locations

This will give people a unique way to see their travels throughout the year, and although it is not necessarily something that is needed or adds any genuine value, it is something that many owners will like to look back on. After all, things like Spotify Wrapped and Apple Music Replay have been a great way for people to see what music they listened to throughout the year.

This is essentially Tesla’s version of that.

With a handful of unique Superchargers already active, Tesla is also building some new ones, like a UFO-inspired location in New Mexico, near Roswell.

Tesla is building a new UFO-inspired Supercharger in the heart of Alien country

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